The Public Procurement Commission is comatose
Guyana
SN article on the progress of the Bamia Primary School highlights the challenges that exist when previously untested contractors are awarded contracts for major infrastructure projects. Based on public information, this contract was awarded to a company that was established only three (3) months before the award, bringing into question if the company would have met the technical criteria as set out in NPTAB’s Standard Bidding Documents.
Almost three months ago, based on the uncertainty surrounding this contract award, I would have lodged several complaints with the Public Procurement Commission, requesting investigations to be conducted into the award of several contracts, including the Bamia Primary School. The Public Procurement Commission (PPC) is the constitutional body tasked with investigating complaints from the public on alleged procurement breaches – but to date, I have not been afforded the courtesy of an acknowledgement of receipt of my complaint.
Unofficial information received states that the current Commission is of the opinion that any complaints that arose before their establishment (July 1, 2022) cannot be investigated – in the Commission’s opinion, they are only empowered to investigate procurement allegations committed after this date.
The Commission sought internal legal advice, which contradicted their position, but clearly dissatisfied, additional external legal advice is being sought to support their position that only procurement breaches which occurred post July 1, 2022, can be investigated. The external legal counsel shortlisted would be of little surprise to the public and until such a decision is completed, the Commission’s work will be in limbo.
An even more bizarre position adopted by the current Commission is that no person other than a supplier or contractor can lodge complaints to or even request the Commission to conduct investigations into alleged breaches of a contract. In other words, the members of the public or the taxpayers cannot request investigations by the Commission unless they were an interested party to that specific contract. This position departs from the work of the previous Commission, which conducted several investigations arising from complaints submitted by the public, most famous of these being the investigation into the award of the feasibility studies for the proposed New Demerara Harbor Bridge.
Further, unofficial information indicated that the internal legal opinion also contradicted this position, and as before, the Commission, being dissatisfied with this opinion has opted for external legal advice.
The current PPC was established on July 1, 2022, after receiving full support by all Members of Parliament on both sides of the House. The Government has boasted that the re-establishment of the PPC, clearly demonstrates their commitment to transparency and accountability. However, since its 2022 establishment, this PPC has only concentrated on hiring (and firing) of staff, Christmas and New Year’s parties, Commissioners’ entitlement to duty free vehicles, and in fact, the two most pressing matters currently engaging the Commission, are the procurement of staff uniforms and securing a more comfortable office building.
The PPC, like the Public Accounts Committee (PAC) which has cancelled its next scheduled meeting on April 17, 2023, due to ‘unavailability of most members” –has fallen victim to the Government’s continued position of preaching accountability, while in practice doing their utmost to stall efforts to uproot corrupt practices.
Unsurprisingly, this fits well into the Government’s competence of unsurpassed, beguiling Public Relations and publicity while reminding us of the adage that says “Empty barrels make the most noise”. Guyanese need to look past the glitz and glamour of photos and press conferences and remember that “Actions speak louder than words” and then ask themselves, what have the actions of this Government meant for you, your friends and family??
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